JUNE. resource of the month NCLL NATIONAL CENTER FOR LIFE AND LIBERTY

Transcription

1 JUNE 2017 resource of the month THE MUST-HAVE POLICIES/PROVISIONS FOR YOUR MINISTRY IN LIGHT OF AMERICA S ONGOING SEXUAL IMMORALITY CRISIS NCLL NATIONAL CENTER FOR LIFE AND LIBERTY

2 introduction I assume that those who cling to old beliefs [about traditional marriage] will be able to whisper their thoughts in the recesses of their homes, but if they repeat those views in public, they will risk being labeled as bigots and treated as such by governments, employers, and schools. - JUSTICE ALITO, DISSENTING IN OBERGEFELL V. HODGES In the last two years, a large number of states and localities around the country have added gender identity and sexual orientation as protected classifications in their antidiscrimination laws, despite the constitutional difficulties and physical dangers that these ordinances are creating for citizens in the affected localities. These laws and ordinances, coupled with the United States Supreme Court s decision in Obergefell v. Hodges redefining marriage in all fifty states, have created a moral crisis for our nation similar to the court s legalization of abortion in 1973 in the case of Roe v. Wade. President John Adams, our second president, once said, Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other. The decline of biblical morality in America has yielded a Supreme Court that is now able to invent new ways to look at our Constitution and its later amendments and discover rights within the meaning and between the lines that are nowhere to be found. This is precisely what happened in both Obergefell and Roe. In his Roe v. Wade dissenting opinion, Justice William Rehnquist stated that to reach its result [in legalizing abortion], the Court necessarily has had to find within the scope of the Fourteenth Amendment a right that was apparently completely unknown to the drafters of the Amendment. Clearly, if the right to abortion was never intended by the drafters of the 14th Amendment (even though thirty-six states and territories had laws regulating abortion at the time the amendment was passed), it was definitely not intended by the framers of the original Constitution and the Bill of Rights. In his Obergefell dissent, Chief Justice Roberts similarly and aptly stated that if you are among the many Americans... who favor expanding same-sex marriage, by all means celebrate today s decision.... But do not celebrate the Constitution. It had nothing to do with it. Despite the ongoing evils of abortion, its threat to religious liberty has been minimal, at least up to this point, as relatively few Americans have been required to participate in or approve of abortion. On the other hand, same-sex marriage poses a very serious threat to religious liberty for those Christians who continue to believe that our Creator God alone, not our Supreme Court, has the authority to define marriage. The Supreme Court has essentially mandated that Americans everywhere celebrate and approve something God calls sin. NCLL.ORG 02

3 The Obergefell decision has placed our nation in a position that is exactly opposite to the Judeo-Christian principles on which it was founded. Two of the justices acknowledged this in their Obergefell dissents: Chief Justice Roberts ( The Court today not only overlooks our country s entire history and tradition but actively repudiates it, preferring to live only in the heady days of the here and now ); and Justice Thomas ( The Court s decision today is at odds not only with the Constitution but with the principles upon which our nation was built. Since well before 1787, liberty has been understood as freedom from government action, not entitlement to government benefits ). The full impact of Obergefell on churches, Christian schools, and other Bible-believing ministries will not be felt for quite some time, as lower courts and legislatures around the country wrestle with its implications. Even now, however, and prior to this decision, Biblebelieving ministries are being confronted with the following increasingly common scenarios: A HOMOSEXUAL COUPLE WANTS TO JOIN THE CHURCH CHRISTIAN PARENTS OF A CHILD WHO CLAIMS TO BE GAY OR TRANSGENDER WANT TO ENROLL THEIR CHILD IN YOUR CHRISTIAN SCHOOL A LESBIAN APPLIES FOR A SECRETARIAL POSITION IN THE CHURCH OFFICE ONE OF YOUR MALE STUDENTS DECIDES HE WANTS TO COME TO SCHOOL DRESSED AS A GIRL THE CHURCH MUSIC PASTOR POSTS ON A SOCIAL NETWORKING SITE THAT HE IS NOW BISEXUAL A LESBIAN COUPLE ASKS THE PASTOR TO PERFORM THEIR WEDDING CEREMONY AT THE CHURCH A HOMOSEXUAL COUPLE WANTS TO RENT THE CHURCH FELLOWSHIP HALL FOR A WEDDING RECEPTION Each of these possibilities used to seem far-off like they could never happen in our churches. But the reality is that they are occurring in churches and other Christian ministries all across the country at an alarming rate. Your ministry may be in the midst of dealing with this right now, or maybe you are preparing for the day it happens. Churches and other ministries that take a biblical stand on marriage and sexuality must take a proactive approach to these issues to help stem the tide of discrimination and human rights violation claims by those seeking to push the transgender and homosexual agendas and their attempts to normalize what God clearly calls sin. The NCLL recommends that all ministries take the following steps to protect themselves to the greatest extent possible. Samples of each of these provisions are included as exhibits at the end of this resource. NCLL.ORG 03

4 STATEMENT OF FAITH POSITION ON MARRIAGE AND SEXUALITY The best protection for a ministry in each of these situations is to have a clearly defined statement of faith, included in the ministry s bylaws, that sets forth the ministry s positions on marriage and sexuality. This is the ministry s first line of defense against discrimination claims by students, employees, church members, and community members at large. Churches, camps, Christian schools, and all other biblical ministries should include this in their bylaws. See Exhibit 1 for the NCLL s sample statement of faith provision on marriage and sexuality. NCLL.ORG 04

5 AUTHORITY OF THE STATEMENT OF FAITH PROVISION The ministry should adopt, as part of its bylaws, a statement explaining that the Bible is the sole and final source of all the ministry believes and that the statement of faith, as a reflection of the major doctrinal and lifestyle beliefs of the ministry, is binding upon all members, staff, students, and volunteers. See Exhibit 2 for the NCLL s sample authority of the statement of faith provision. NCLL.ORG 05

6 HANDBOOK CODE OF CONDUCT PROVISION ON SEXUAL ACTIVITY AND EXPRESSION Staff and student handbooks should include a code of conduct that sets forth the ministry s expectation that students, parents, staff, and volunteers abide by the conduct and spirit expressed within the ministry s statement of faith. The code of conduct should establish behavioral expectations and lifestyle choices in light of the ministry s position on marriage and sexuality as reflected in the statement of faith and should clearly state that violations of the code of conduct s provisions or other church or school policies will result in the consequences delineated in the discipline section of the handbook. See Exhibit 3 for the NCLL s sample handbook code of conduct provision on sexual activity and expression. NCLL.ORG 06

7 ACCEPTANCE AND ACKNOWLEDGMENT OF STATEMENT OF FAITH AND CODE OF CONDUCT Each prospective church member should be given a copy of the statement of faith, and every school student, parent, staff member, or volunteer should be given a copy of the statement of faith and the code of conduct. Each of these persons should be required to sign a statement acknowledging that they have read, understand, and agree to live in accordance with and be bound by them (parents may sign on behalf of younger children). For church members, this acknowledgement should include a statement of agreement to live in accordance with the doctrinal and lifestyle positions contained therein. For Christian school students, parents, staff members, and volunteers, the acknowledgment should include a statement that the individual understands and agrees to comply with requirements of the code of conduct both at and away from school and that failure to do so will result in the consequences delineated in the discipline section of the staff/student handbook. See Exhibit 4 for the NCLL s sample acceptance and acknowledgments for prospective church members and prospective students, parents, and staff members. NCLL.ORG 07

8 CHURCH/ MINISTRY FACILITY-USE POLICY One of the most concerning situations for churches and other Bible-believing ministries is the possibility of facing discrimination challenges from homosexuals or other persons or groups that do not align with the ministry s beliefs if/when the ministry denies the use of its facilities for homosexual weddings or other non-christian events, particularly if the ministry has opened up its facilities to non-ministry, affiliated members of the community. This is a legitimate area of concern, especially if the ministry charges a fee for the use of its facilities, since that raises the possibility that the ministry will be considered a place of public accommodation and thus subject to nondiscrimination laws. These laws differ from state to state and between cities and towns within individual states. One way for ministries to reduce the likelihood of such a lawsuit is to either not charge a fee or to just charge an incidental fee (for cleaning or administrative costs). This is in addition to any refundable security deposit the ministry may require. The most important way to reduce the likelihood of being subject to these laws, however, is to adopt a facility-use policy that ties the use or rental of the ministry and any of its facilities back to the statement of faith. The policy should clearly state that ministry facilities are not permitted to be used for any event that would violate the positions of the ministry in the statement of faith. It is critical that churches abide by this policy and not make exceptions, as doing so may open the church up to lawsuits. See Exhibit 5 for the NCLL s sample church/ministry facility-use policy. A separate camp facilityuse policy is detailed below. NCLL.ORG 08

9 MINISTERIAL JOB REQUIREMENTS: JOB DESCRIPTIONS/ EMPLOYMENT CONTRACTS/ STAFF HANDBOOKS Any time ministry jobs or volunteer positions become available, the job description should clearly state that candidates for the position must live, on- and off-duty, according to the ministry s statement of faith. Additionally, require and include ministerial-type activities as part of all current and new job descriptions at the ministry, and put these job descriptions in writing. This is vitally important, because religious organizations may legally discriminate in favor of their religious beliefs when hiring for ministerial positions. Thus, all job descriptions for custodians, cafeteria workers, secretaries and any other job at the ministry should include such duties as leading staff devotions; prayer with, witnessing to, or counseling visitors or others when called upon to do so during the work day; or other types of ministerial activities that reflect the integral nature of the employee s faith to his or her position. The NCLL highly recommends that every ministry revise its current job descriptions and requirements to reflect the above as soon as practically possible. Both of these job requirements should also be reflected in all ministry employment contracts as well as in the ministry s staff handbook. See Exhibit 6 for the NCLL s sample ministerial job descriptions. NCLL.ORG 9

10 CAMPING MINISTRY MARRIAGE/ TRANSGENDER POLICIES Christian camping ministries face unique challenges, given that most of them provide overnight accommodations and lodging facilities. Christian camps that take the position that they will not permit homosexuals to lodge together or transgender individuals to use lodging or restroom/locker room facilities of their chosen (as opposed to biological) gender will naturally become a target for discrimination claims, particularly in those jurisdictions where sexual orientation and gender identity are protected classifications in antidiscrimination laws (in the same way as race, gender, and religion are protected). These ministries need to implement several policies that clearly state their positions on biblical marriage and sexual orientation/ gender identity and the impact of this stance on camp facility usage, camping admissions and lodging, and campers behaviors. They should also require campers (or guardians of minor campers) and employees to sign an acknowledgment that they have read and agree to abide by the terms of camp admissions and other policies and codes of conduct. These policies/ statements should include the following: NCLL.ORG 10

11 CAMPING MINISTRY MARRIAGE/TRANSGENDER POLICIES 3 1 Statement of faith provision on marriage/sexuality (see Exhibit 1 for the NCLL s sample) 2 Camp code of conduct provision on sexual activity and expression (see Exhibit 7 for the NCLL s sample) Camp facility-use policy, which should limit camp facility use to activities that do not conflict with the statement of faith. The NCLL recommends that camping facilities do not open their facilities for weddings, receptions, vow renewals, wedding photography venues, etc. (See Exhibit 8 for the NCLL s sample camp facility-use policy) NCLL.ORG 11

12 CAMPING MINISTRY MARRIAGE/ TRANSGENDER POLICIES 4 Camp lodging and admissions marriage policy, which should state that attendance at events designed for married couples and accommodations for married couples at the camp are reserved only for those couples with a marriage as defined in the camp s statement of faith. See Exhibit 9 for the NCLL s sample camp lodging admissions and marriage policy. Camp lodging and admissions transgender policy, which should express the ministry s position that a condition of attendance and enjoyment of camp privileges will be that campers present themselves as their Godgiven biological genders (as determined at birth) and that accommodations will be assigned on that basis. See Exhibit 10 for the NCLL s sample camp lodging and admissions transgender policy. 5 6 Acceptance and acknowledgment of camp code of conduct and admissions policies. This document is necessary to evidence that a prospective camper or camp staff/ volunteer has read, understood, and agrees to abide by the camp s admissions policies and code of conduct. See Exhibit 11 for the NCLL s sample acceptance and acknowledgment of code of camp conduct and admissions policies. NCLL.ORG 12

13 Conclusion The First Amendment to the United States Constitution guarantees the right to the free exercise of religion. Yet never before in our nation has that constitutional guarantee been under attack like it is today. Although the court decisions and legislative efforts of the last few years have created unprecedented challenges for Christians, churches, and other ministries in America, God s Word is clear on the issues of morality, what constitutes marriage, and God s creation of man and woman as separate and distinct genders. The Church must not back down from God s position on these issues. The attorneys and staff at the National Center for Life and Liberty are on the front lines standing with Christians, churches, and other ministries and fighting for the right to not just believe God s Word but also to freely preach and live it. NCLL.ORG 13

14 STATEMENT OF FAITH POSITION ON MARRIAGE AND SEXUALITY NCLL SAMPLE We believe that the term marriage has only one legitimate meaning, and that marriage is sanctioned by God, joining one man and one woman in a single, covenantal union as delineated by Scripture. Marriage ceremonies performed in any facility owned, leased, or rented by this church will be only those ceremonies sanctioned by God, joining one man with one woman as their genders were determined at birth. Whenever there is a conflict between the church s position and any new legal standard for marriage, the church s statement of faith, doctrines, and biblical positions will govern. (Gen. 2:24; Eph. 5:22 23; Mark 10:6 9; 1 Cor. 7:1 9) We believe that God has commanded that no intimate sexual activity be engaged in outside of marriage as defined above. We believe that any other type of sexual activity, identity, or expression that lies outside of this definition of marriage, including those that are becoming more accepted in the culture and the courts, are contrary to God s natural design and purpose for sexual activity. (Gen. 2:24; Gen. 19:5; Lev. 18:1 30; Rom. 1: 26 29; 1 Cor. 5:1; 6:9 10; 1 Thess. 4:1 8; Heb. 13:4) NCLL.ORG 14

15 AUTHORITY OF THE STATEMENT OF FAITH PROVISION NCLL SAMPLE Our statement of faith does not exhaust the extent of our faith. The Bible itself is the sole and final source of all that we believe. We do believe, however, that the statement of faith accurately represents the teachings of the Bible and therefore is binding upon all members, staff, and volunteers. All literature, whether print or electronic, used in the church shall be in complete agreement with the statement of faith. All activities permitted or performed in any facilities owned, rented, or leased by this church or engaged in by any member of the church staff (volunteer or paid) and all decisions of the administration of this church shall not conflict with the statement of faith. In all conflicts regarding interpretation of the statement of faith, the pastor and board, on behalf of the church, have the final authority. NCLL.ORG 15

16 HANDBOOK CODE OF CONDUCT PROVISION ON SEXUAL ACTIVITY AND EXPRESSION NCLL SAMPLE FOR STAFF/STUDENT HANDBOOKS It is the policy of (MINISTRY NAME) to maintain a standard of behavior among its students, staff, volunteers, and visitors that is above reproach. In keeping with the ministry s statement of faith, certain conduct will not be tolerated. (Gen. 2:24; Gen. 19:5, 13; Gen. 26:8 9; Lev. 18:1 30; Rom. 1:26 29; 1 Cor. 5:1; 6:9; 1 Thess. 4:1 8; Heb. 13:4). In keeping with this policy, the following will be grounds for (EXPULSION/TERMINATION OF EMPLOYMENT, OTHER DISCIPLINE): 1. Demonstration of romantic involvement between non-married (STAFF/STUDENTS) on ministry property. This includes, but is not limited to, kissing or any other contact that would contribute to undue familiarity. 2. Immoral conduct and/or advocating for or advancing immoral conduct. Immoral conduct is defined as bodily contact, actively undertaken or passively permitted, between members of the opposite sex or members of the same sex for the purpose of satisfying sexual desires and any bodily contact that a reasonable person would understand to demonstrate a propensity or intent to engage in an immoral act. 3. Identifying statement(s) of immoral acts, defined as a (STAFF MEMBER/STUDENT) s statements, actions, language, or behavior, whether through dress or other appearance, an online profile, words, or other expression that a reasonable person would believe is intended to associate or identify the (STAFF MEMBER/STUDENT) as sexually active or a claim that the person is homosexual, bisexual, transgender, or otherwise immoral or has the propensity to or intent to engage in immoral actions. Examples: I m gay, I m a homosexual, I have a homosexual orientation, I am a transgender female/male, I m sexting, or I m sleeping with my boyfriend/girlfriend. Homosexual or transgender conduct, either as acts or identifying statements, is not compatible with (EMPLOYMENT/ENROLLMENT) at (MINISTRY NAME) and is a basis for dismissal. All (STAFF/STUDENTS) must be treated with dignity and respect, free of threats or harassment. The determination of whether a (STAFF MEMBER/STUDENT) s actions constitute a violation of the code of conduct will be made by the (GOVERNING BOARD). NCLL.ORG 16

17 ACCEPTANCE AND ACKNOWLEDGMENT OF STATEMENT OF FAITH NCLL SAMPLE FOR PROSPECTIVE CHURCH MEMBERS I have received a copy of (MINISTRY NAME) s statement of faith. I understand it is my responsibility to become familiar with and adhere to the information contained therein. I agree to be bound by the statement of faith and the biblical positions taken by this ministry on all the issues of doctrine and lifestyle contained therein, both at and away from church functions. Signature Printed Name Date ACCEPTANCE AND ACKNOWLEDGMENT OF STATEMENT OF FAITH, HANDBOOK, AND CODE OF CONDUCT NCLL SAMPLE FOR PROSPECTIVE CHURCH MEMBERS I have received a copy of (MINISTRY NAME) s statement of faith. I understand it is my responsibility to become familiar with and adhere to the information contained therein. I agree to be bound by the statement of faith and the biblical positions taken by this ministry on all the issues of doctrine and lifestyle contained therein, both at and away from school/church. I have also received a copy of the staff/student handbook. I understand that it is my responsibility to understand and comply with the requirements contained therein, both at and away from (SCHOOL/CHURCH). I agree to abide by the code of conduct contained therein and understand that if, at any time during or away from (SCHOOL/WORK), I violate any provisions of the code of conduct or engage in any of the behaviors listed in the discipline section of the handbook, that I am subject to the discipline listed therein, up to and including (TERMINATION of EMPLOYMENT/EXPULSION or SUSPENSION FROM SCHOOL). Student/Parent/Staff/Volunteer Signature Printed Name Date NCLL.ORG 17

18 CHURCH/MINISTRY FACILITY-USE POLICY NCLL SAMPLE STATEMENT OF POLICY All uses of the facilities of (MINISTRY NAME) must be in harmony with the statement of faith of (MINISTRY NAME). Use of any ministry facilities will not be granted to persons or groups who hold or attempt to further beliefs or practices that conflict with the ministry s statement of faith, as determined in the sole discretion of the pastor, ministry director, or his designee. Persons who enter into a written agreement to use the facilities of (MINISTRY NAME) must acknowledge and affirm their understanding of this statement of policy. FACILITY-USE REQUEST PARTIES/DATE Today s date Group/organization/individual requesting facility use Contact name Today s date Contact phone Website: Event Requested facility(ies) Requested facility use date(s) Requested time Organization s president and office-holders REFUNDABLE DEPOSIT (MINISTRY NAME) requires a deposit, which (MINISTRY NAME) may, at its discretion, apply to the cost of repair or replacement of the facility or equipment. In the event that no damage occurs during user s use of the facility, (MINISTRY NAME) will refund the deposit in full. The amount of this deposit is and is required within 7 days of the approval of this application. NCLL.ORG 18

19 FACILITY-USE GUIDELINES (The following are sample areas to consider in drafting your policy. Tailor this section to the specific needs and expectations of your ministry.) 1. Prohibition on alcohol/smoking/drug use 2. Policy on foul language, violent behavior 3. Lights (turned off? left on?) 4. Maximum number of guests 5. Location of event (where guests are and are not permitted to be located) 6. Food and beverage use (areas where not permitted and any restrictions on their use) 7. Church equipment returned to (location) or arranged in a certain way 8. Clean up (who s responsible, what s expected, and who will determine when completed) ADVERTISING & SELLING No advertising or other item shall be placed or posted on walls or doors at any facility location without the prior written permission of (MINISTRY NAME). Displays and exhibits may be per-mitted, provided that the subject matter displayed or exhibited is directly related to the purpose of the permitted event and does not in any way conflict with (MINISTRY NAME) s statement of faith. (MINISTRY NAME) shall not be used to suggest endorsement of any activity, except with the prior written approval by (MINISTRY NAME). User shall not sell or solicit or cause to be sold or solicited any merchandise or donation at any facility location, except with the prior written approval by (MINISTRY NAME) and subject to such terms and conditions (MINISTRY NAME) sees fit to establish. User shall not make or allow to be made any audio or video recordings or televise or broadcast any event or any portion thereof without the prior written approval of (MINISTRY NAME). NCLL.ORG 19

20 INSURANCE I warrant that I have liability insurance covering this event in the amount of (amount to be determined by church ahead of time and not applicable for church-sponsored events). I shall provide a copy of the policy to the church before using the facility. AGREEMENT I,, understand that (MINISTRY NAME) ( the Ministry ) does not allow use of its facilities to any group or for any activity that is not in harmony with the ministry s statement of faith. I have read the statement of faith and acknowledge that neither I nor my organization nor the event which I plan to hold violates the provisions within the ministry s statement of faith. In consideration of the ministry allowing me to use its facility, I understand and hereby agree to assume all of the risks that may be encountered in or by the use of (MINISTRY NAME) s facility. I hereby agree to release, defend, indemnify, and hold harmless (MINISTRY NAME) and its agents and employees from any and all past, present, and future, known and unknown liabilities, actions, causes of action, claims, expenses, and damages (including without limitation, interest, penalties, court costs, attorney s fees, and expenses) resulting from or on account of injury to myself or my property in connection with any event anticipated by this form. I further release any and all claims brought by or through me, including claims for loss of consortium and all similar claims based on relationships with other people. I expressly agree that this release, waiver, and indemnity agreement is intended to be as broad and inclusive as permitted in the State of (STATE WHERE MINISTRY IS LOCATED) and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. I also agree that any controversy or claim arising out of or relating to the activities or events anticipated by this form shall be settled by binding Christian arbitration conducted by the National Center for Life and Liberty or another Christian arbitrator, and judgment on the award may be entered in any court having jurisdiction thereof. This release contains the entire agreement between the parties hereto and the terms of this release are contractual and not a mere recital. NCLL.ORG 20

21 I further state that I have carefully read the foregoing release and know the contents thereof, and I sign this release as my own free act. This is a legally binding agreement that I have read and understand. I also understand that use of the ministry s facility is conditional upon a written acknowledgment by a ministry representative that this facility request form has been approved. Signature: Date Printed name: For Office Use only: Approved by Date Notes NCLL.ORG 21

22 MINISTERIAL JOB DESCRIPTION/ REQUIREMENTS NCLL SAMPLE FOR PROSPECTIVE CHURCH MEMBERS The position of (TITLE OF POSITION) at (MINISTRY NAME) requires the employee to perform the following ministerial functions, which are an integral part of his or her employment. These ministerial functions include, but are not limited to, leading and/ or participating in staff devotions and/or prayer, sharing the Gospel with visitors or others when called upon to do so during the work day, and the written or verbal communication of biblical teachings. The employee will also be required to live on- and offduty in accordance with the (MINISTRY NAME) s statement of faith, code of conduct, and general beliefs. In addition to the ministerial functions required by the position of (TITLE OF POSITION), the employee must also be able to perform the following duties: (LIST OF JOB/POSITION RESPONSIBILITIES) NCLL.ORG 22

23 CAMP CODE OF CONDUCT PROVISION ON SEXUAL ACTIVITY AND EXPRESSION NCLL SAMPLE FOR CAMPING MINISTRIES It is the policy of (CAMP NAME) to maintain a standard of behavior among its campers, staff, volunteers, and visitors that is above reproach. In keeping with the ministry s statement of faith as aligned with Scripture, certain conduct will not be tolerated. In keeping with this policy, the following will be grounds for immediate termination of camping privileges: 1. Demonstration of romantic involvement between non-married campers, staff members, volunteers, or visitors on camp property. This includes but is not limited to kissing or any other contact that would contribute to undue familiarity. 2. Immoral conduct and/or advocating for or advancing immoral conduct, defined as bodily contact, actively undertaken or passively permitted, between members of the opposite sex or members of the same sex for the purpose of satisfying sexual desires and any bodily contact that a reasonable person would understand to demonstrate a propensity or intent to engage in an immoral act. 3. Identifying statement(s) of immoral acts, defined as an individual s statements, actions, language, or behavior, whether through dress or other appearance, an online profile, words, or other expression that a reasonable person would believe is intended to associate or identify that individual as sexually active or a claim that the person is homosexual, bisexual, transgender, or otherwise immoral or has the propensity to or intent to engage in immoral actions. Examples: I m gay, I m a homosexual, I have a homosexual orientation, I am transgender, or I am sexting, or I am sleeping with my boyfriend. Homosexual or transgender conduct, either as acts or identifying statements, is incompatible with camping privileges at (CAMP NAME) and is a basis for dismissal. All campers, visitors, staff members, and volunteers must be treated with dignity and respect, free of threats or harassment. The determination of whether a staff member, camper, volunteer, or visitor s actions constitute a violation of the code of conduct will be made by the (GOVERNING BOARD). NCLL.ORG 23

24 CHURCH/MINISTRY FACILITY-USE POLICY NCLL SAMPLE STATEMENT OF POLICY All uses of the facilities of (CAMP NAME) must be in harmony with the statement of faith of (CAMP NAME). Use of any camping facilities will not be granted to persons or groups who hold or attempt to further beliefs or practices that conflict with the camp s statement of faith as determined in the sole discretion of the pastor, camp director, or his designee. Persons who enter into a written agreement to use the facilities of (CAMP NAME) must acknowledge and affirm their understanding of this statement of policy. (CAMP NAME) does not host or facilitate any type of event intended to celebrate a wedding, vow renewal, or relationship commitment, including but not limited to ceremonies, showers, photos, or receptions; nor does it provide accommodations for such events on any property owned or leased by (CAMP NAME). FACILITY USE REQUEST PARTIES/DATE Today s date Group/organization/individual requesting facility use Contact name Today s date Contact phone Website: Event Requested facility(ies) Requested facility use date(s) Requested time Organization s president and office-holders NCLL.ORG 24

25 REFUNDABLE DEPOSIT (CAMP NAME) requires a deposit, which (CAMP NAME) may, at its discretion, apply to the cost of repair or replacement of the facility or equipment. In the event that no damage occurs during user s use of the facility, (CAMP NAME) will refund the deposit in full. The amount of this deposit is approval of this application. and is required within 7 days of the FACILITY-USE GUIDELINES (The following are sample areas to consider in drafting your policy. Tailor this section to the specific needs and expectations of your ministry.) 1. Prohibition on alcohol/smoking/drug use 2. Maximum number of guests 3. Location of event (where guests are and are not permitted to be located) 4. Food and beverage use (areas where not permitted and any restrictions on their use) 5. Church equipment returned to (location) or arranged in a certain way 6. Lights (turned off? left on?) 7. Clean up (who s responsible, what s expected, and who will determine when completed) ADVERTISING & SELLING No advertising or other item shall be placed or posted on walls or doors at any facility location without the prior written permission of (CAMP NAME). Displays and exhibits may be permitted, provided that the subject matter displayed or exhibited is directly related to the purpose of the permitted event and does not in any way conflict with (CAMP NAME) s statement of faith. (CAMP NAME) shall not be used to suggest endorsement of any activity, except with the prior written approval by (CAMP NAME). User shall not sell or solicit or cause to be sold or solicited any merchandise or donation at any facility location, except with the prior written approval by (CAMP NAME) and subject to such terms and conditions (CAMP NAME) sees fit to establish. NCLL.ORG 25

26 User shall not make or allow to be made any audio or video recordings or televise or broadcast any event or any portion thereof without the prior written approval of (CAMP NAME). INSURANCE I warrant that I have liability insurance covering this event in the amount of (amount to be determined by camp ahead of time and not applicable for camp-sponsored events). I shall provide a copy of the policy to the church before using the facility. AGREEMENT I,, understand that (MINISTRY NAME) ( the Ministry ) does not allow use of its facilities to any group or for any activity that is not in harmony with the camp s statement of faith. I have read the statement of faith and acknowledge that neither I nor my organization nor the event that I plan to hold violates the provisions within the camp statement of faith. In consideration of the camp allowing me to use its facility, I understand and hereby agree to assume all of the risks that may be encountered in or by the use of (CAMP NAME) s facility. I hereby agree to release, defend, indemnify, and hold harmless (CAMP NAME) and its agents and employees from any and all past, present, and future, known and unknown liabilities, actions, causes of action, claims, expenses, and damages (including without limitation, interest, penalties, court costs, attorney s fees, and expenses) resulting from or on account of injury to myself or my property in connection with any event anticipated by this form. I further release any and all claims brought by or through me, including claims for loss of consortium and all similar claims based on relationships with other people. I expressly agree that this release, waiver, and indemnity agreement is intended to be as broad and inclusive as permitted in the State of (STATE WHERE CAMP IS LOCATED) and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. I also agree that any controversy NCLL.ORG 26

27 or claim arising out of or relating to the activities or events anticipated by this form shall be settled by binding Christian arbitration conducted by the National Center for Life and Liberty or another Christian arbitrator, and judgment on the award may be entered in any court having jurisdiction thereof. This release contains the entire agreement between the parties hereto and the terms of this release are contractual and not a mere recital. I further state that I have carefully read the foregoing release and know the contents thereof, and I sign this release as my own free act. This is a legally binding agreement that I have read and understand. I also understand that use of the camp s facility is conditional upon a written acknowledgment by a camp representative that this facility request form has been approved. Signature: Date Printed name: For Office Use only: Approved by Date Notes NCLL.ORG 27

28 CAMP LODGING AND ADMISSIONS MARRIAGE POLICY NCLL SAMPLE Attendance at events designed for married couples and accommodations for married couples at all (CAMP NAME) facilities are reserved only for those couples in a biblically defined marriage, which is defined as between one man and one woman as their biological genders were determined at birth. To that end, same-sex couples or transgender individuals in a same-sex or opposite-sex marriage or relationship or any other type of relationship that violates this ministry s statement of faith, as determined in the sole discretion of the (GOVERNING BOARD), will be denied admission and attendance to the camp and to any camping activities. If a violation of this policy is discovered after camping activities have already commenced, the couple will be denied further attendance at any and all camping functions and will be required to leave the property of (CAMP NAME). NCLL.ORG 28

29 CAMP LODGING AND ADMISSIONS TRANSGENDER POLICY NCLL SAMPLE Consistent with (CAMP NAME) s statement of faith, (CAMP NAME) believes that all campers are created in the image of God and are expected to present themselves as their God-given biological genders as determined at birth. Campers will be assigned accommodations and will be expected to use restrooms, locker rooms, and other facilities on this basis. Based upon (CAMP NAME) s statement of faith regarding God s assignment of gender, persons presenting themselves as different genders than their biological genders were determined at birth will be denied admission to the camp and to any camping activities or, if such a determination is discovered after camp has already begun, will be denied further attendance at any and all camping functions and will be required to leave the property of (CAMP NAME). NCLL.ORG 29

30 ACCEPTANCE AND ACKNOWLEDGMENT OF CAMP NCLL SAMPLE PROSPECTIVE CAMPERS, CAMP STAFF, OR VOLUNTEERS I have received a copy of (CAMP NAME) s admissions policies and code of conduct, which are based on the doctrinal and lifestyle beliefs of the camp as delineated in the camp s statement of faith. I understand that it is my responsibility to read, understand, and abide by these documents. I agree to be bound by the spirit and behavioral expectations contained therein and understand that if, at any time during my stay at (CAMP NAME), I violate any provisions of the code of conduct or the admissions policies, that I am subject to (TERMINATION OF CAMPING PRIVILEGES/TERMINATION OF CAMP EMPLOYMENT or CAMP VOLUNTEER SERVICE). Camper/Camp Staff/Volunteer Signature Printed Name Date NCLL.ORG 30